G.R. No. L‑3684

FACTS
– Emilio Neri, former presidente of the pueblo of Dauis, Bohol, was convicted in the Court of First Instance for embezzling rice valued at ₱322.63 received from the provincial treasurer.
– Neri entered a plea of guilty, was sentenced to a fine of ₱40.32 and a temporary disqualification of two years + one day, with subsidiary penalties for non‑payment.
– After sentencing, Neri moved to withdraw his guilty plea and substitute a plea of not guilty. The trial court denied the motion, citing Neri’s counsel and his understanding of the charges.
– Neri appealed, arguing that the trial court erred in refusing to allow the withdrawal of his plea.

ISSUE
Whether the trial court erred in denying the defendant’s request to withdraw his plea of guilty and substitute a plea of not guilty after sentencing, in light of Section 25 of General Orders No. 58, which permits such withdrawal “at any time before judgment.”

RULING
– The Supreme Court held that the power to permit withdrawal of a guilty plea exists only before judgment; once a judgment (including sentencing) is rendered, the discretion to allow a change of plea ceases.
– Accordingly, the trial court’s refusal to permit the withdrawal was within its discretion and not reversible.
– The fine imposed was upheld under Article 392, paragraph 3 of the Penal Code.
– The Court modified the lower court’s sentence to specify that the two‑year‑plus‑one‑day disqualification applies to holding public office, exercising suffrage (active and passive), and practicing a profession or trade.
– The judgment of the trial court was affirmed with the above clarification.

Concurrence: Chief Justice Arellano and Justices Torres, Willard, and Tracey.